Why would this affect my pothole claim -info on Highways act 1980?
This statutory defence allows a council or highways agency to defend claims on the basis that they had taken reasonable measures to ensure that problems such as potholes are found and dealt with swiftly. All councils should have a reasonable system in place whereby they regularly inspect roads and repair them if necessary. Provided they have followed their system as they should, they may be able to reject your claim. However, if you can prove that they haven’t, or that their system differs from the recommendations of the national recommended standards for highway maintenance, then you may be able to claim.
